EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO 408
Issued by the Authority of the Minister for Justice
Australian Federal Police Act 1979
Australian Federal Police (Discipline) Regulations (Amendment)
The purpose of the proposed amendments is to correct drafting errors to ensure that subregulation 19(2) is equally applicable to both police members and staff members of the Australian Federal Police.
The details of the amendments are as follows:
Regulation 1 provides that the Australian Federal Police Regulations are amended.
Regulation 2 amends paragraphs 19(2)(c) and (e) which concern the content of notices used to initiate disciplinary proceedings, to ensure that the procedure for staff members and members is the same.
| Authority: | Sections 40 and 70 of the Australian Federal Police Act 1979 |
Overview
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1990 No 408, issued under the authority of the Minister for Justice, were enacted to address drafting errors in the Australian Federal Police (Discipline) Regulations. These amendments were introduced to correct inconsistencies in the application of disciplinary procedures between police members and staff members of the Australian Federal Police, as mandated by the Australian Federal Police Act 1979. The primary aim of these amendments is to ensure that the disciplinary process is uniformly applied, maintaining fairness and consistency across all ranks within the force. This regulatory change was authorised under sections 40 and 70 of the Australian Federal Police Act 1979, reflecting the legislative intent to streamline and rectify procedural discrepancies within the framework governing the discipline of Australian Federal Police personnel.
Scope and Application
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1990 No. 408, issued under the authority of the Minister for Justice, pertains to the Australian Federal Police (AFP) and its employees, specifically addressing the discipline regulations within this federal law enforcement agency. The amendments target the Australian Federal Police Regulations to ensure uniformity in the disciplinary procedures applicable to both police members and staff members. This Act applies to all individuals who are either members or staff of the AFP, ensuring that the conduct and disciplinary measures are consistent and equitable across these categories. The jurisdictional reach of these regulations is national, as the AFP operates under the Commonwealth of Australia, thereby affecting personnel nationwide. The amendments seek to rectify drafting errors in the regulations, particularly focusing on the content of notices used to initiate disciplinary proceedings, as outlined in subregulation 19(2). The stated exclusions and exemptions are limited to the scope of the regulatory text itself, with no broader jurisdictional or geographic exclusions noted in the explanatory statement. The application of these regulations can be further extended or restricted through subordinate instruments, although no specific examples are provided in this document.
Key Provisions
The Australian Federal Police (Discipline) Regulations (Amendment) Statutory Rules 1990 No 408 introduce changes to the Australian Federal Police Regulations to correct drafting errors in subregulation 19(2). This amendment ensures that the procedure for initiating disciplinary proceedings is consistent for both police members and staff members of the Australian Federal Police (AFP). Specifically, Regulation 2 modifies paragraphs 19(2)(c) and (e), which relate to the content of notices used to start disciplinary proceedings, to ensure uniformity in the process for both categories of personnel.
The amendments impose clear obligations on the AFP to ensure that the disciplinary notices for both police members and staff members contain specific information as outlined in the corrected subregulation 19(2). This includes providing details such as the nature of the alleged misconduct, the potential consequences of the disciplinary action, and the rights of the individual involved in the proceedings. By aligning these requirements, the regulations aim to maintain consistency and fairness in the disciplinary process across the organisation.
Failure to comply with the provisions of the amended regulations could result in procedural errors during disciplinary proceedings, potentially leading to legal challenges or appeals. While the explanatory statement does not specify particular offences, penalties, or consequences for non-compliance, breaches of disciplinary regulations could still have significant repercussions for both the AFP and the individuals involved. Such repercussions might include the quashing of disciplinary decisions or compensation claims for procedural unfairness. Additionally, the amendments underscore the importance of adhering to the prescribed procedures to uphold the integrity and effectiveness of the AFP’s disciplinary framework.